Government land. In the said petition, the 2nd respondent filed a report stating that the Assistant Director for Survey and Land Records (ADS & LR), Ranga Reddy District has demarcated the Government land in Sy.No.28 and patta land in Sy.No.41 through the Inspector, Survey and reported that an extent of 297 sq.yds was encroached by the petitioner’s construction firm. The petitioner however disputed the said report stating that the said report was not binding on him as the same was prepared behind his back. Thereafter, Hon’ble Court passed an order that the petitioner can proceed with the construction without encroaching any Government land. Inspite of the above proceedings, a false case is foisted against the petitioner as if he encroached upon 297 sq.yds of the Government land which is an utter falsehood. It is contended on behalf of the petitioner that the criminal case is not maintainable inasmuch as under the provisions of the A.P. Land Grabbing (Prohibition) Act, unless the Special Court declares the petitioner as a land grabber, criminal case cannot be registered. Further, under the provisions of Sections 11 and 12 of the said Act, no Court other than Special Court shall take cognizance of offence punishable under this Act except with the previous sanction of the Special Tribunal. In view of the procedure laid down in the Act, the police could not have investigated and filed charge sheet before the Magistrate.
